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June 2016
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Barnes & Thornburg LLP
On June 13, the U.S. Supreme Court issued its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (Slip Opinion). It rejected the framework established by the Federal Circuit Court of Appeals in In re Seagate Technology, LLC, 497 F.3d 1360, for determining whether to award enhanced damages for willful patent infringement under 35 USC Section 284 of the Patent Act.
In re Seagate had a two-part test: 1) a showing by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent; and 2) also demonstrating by clear and convincing evidence that the risk of infringement was either known or so obvious that it should have been known to the accused infringer.
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USPTO
Utility patents issued in the month of May:
None reported
Patent applications published in the month of May:
Pub. App. No. Title Applicant
Design patents issued in the month of May:
Pat. No.
Title
Assignee
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Litigation
In re Montfort Services Sdn. Bhd.
, 2016 TTAB LEXIS 170 (T.T.A.B. May 9, 2016). Synopsis: The Trademark Trial and Appeal Board affirms the Examining Attorney's refusal to register Montfort Services' OSKALILY trademark in connection with footwear, shoes, and other clothing items, finding that the mark is likely to cause confusion with the prior registration for OSKA in connection with various outer clothing items.
In re Crocs, Inc.
, 2016 TTAB LEXIS 169 (T.T.A.B. May 3, 2016). Synopsis: The Trademark Trial and Appeal Board affirms the Examining Attorney's refusal to register Croc's FIND YOUR FUN trademark in connection with on-line retail store services featuring footwear, shoe ornaments, and other goods, finding that the mark is likely to cause confusion with the prior registration for FIND YOUR FUN! in connection with advertising, marketing, and promotion services for others.
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General News
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